SH 325 
■ P2 15 
1910 
Copy 1 






ArO-usyucLciAsU utvJjlaa en [XasJlXjlAj 




Book JLVLi 



61st Congress, I HOUSE OF REPRESENTATIVES, j Document 
2d Session. j" ( No. 638. 



PROTECTION AND PRESERVATION OF FOOD FISHES IN INTER- 
NATIONAL BOUNDARY WATERS OF THE UNITED STATES AND 
CANADA. 



MESSAGE 

KHOM THE 



PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

A REPORT BY THE SECRETARY OF STATE SUBMITTING A SYSTEM 
OF UNIFORM AND COMMON INTERNATIONAL REGULATIONS FOR 
THE PROTECTION AND PRESERVATION OF THE FOOD FISHES IN 
INTERNATIONAL BOUNDARY WATERS OF THE UNITED STATES 
AND CANADA, WHICH HAVE BEEN PREPARED BY THE INTER- 
NATIONAL FISHERIES COMMISSION. 



February 2, 1910. — Read: referred to the Committee on Foreign Affairs and ordered 

to be printed. 



To the Senate and House of Representatives: 

I transmit herewith a report by the Secretary of State submitting 
"A system of uniform and common international regulations for the 
protection and preservation of the food fishes in international bound- 
ary waters of the United States and Canada/' which have been "pre- 
pared by the International Fisheries Commission pursuant to and 
under the authority of the convention of April 11, 1908, between the 
United States and Great Britain." 

The regulations are submitted to the Congress in order that due 
legislative action on the part of the Government of the United States 
mav be taken as stipulated for in article 3 of the convention. 

Wm. H. Taft. 

The White House, February 2, 1910. 



January 31, 1910. 
The President: 

I have the honor to transmit herewith "A system of uniform and 
common international regulations for the protection and preservation 
of the food fishes in international boundary waters of the United 
States and Canada," which have been "prepared by the International 



•3f23(3 



2 PROTECTION \M» PRESERVATION OF POOD FISHES. 

Fisheries Commission pursuant to and under the authority of thecon- 
rention of April 11, 1908, between the United States and Oreat 
Britain." , . , 

Thai treatj provides, in effecl (An. I), thai fishing seasons and 
methods in the boundary waters as defined (Art. I\), and the nets 
and appliances to be used therein, should be detennmed by unilorm 
international regulations; thai these regulations (Art. II) should con- 
3 titute a unilorm system for the preservation of food fishes in such 
waters, and should embrace close Beasons. limitations as to the size, 
etc., of nets and other appliances; a uniform system oi registry by 
each government for the regulation of commercial fishing within its 
own territorial waters; and an arrangement lor concurrent measures 
for the propagation of fish. 

Article I 1 1 provide^: 

The two governments engage to pu1 into operation and to enforce by legislation 
and executive action, with as little delay as possible, the regulations, restrictions, 
and provisions with appropriate penalties for all breaches thereof; and the date when 
they sluill l.e put into operation shall be fixed by the concurrent proclamations of 
the Presidenl <>!' the United States and the governor-general of the Dominion of 
Canada in council. 

Article VI provides for the duration, renewal, and termination of 
the regulations, which maj he amended at any time under the pro- 
vision of that article, that — 

It shall, however, be in the power of the two governments, by joint or concurrent 
action, upon the recommendation of the commission, to make modifications at any 
time in the regulations. 

The regulations now transmits d have been lodged with this depart- 
ment by the Internationa] Fisheries Commission appointed underthis 
treaty, and consisting of David Starr Jordan on the part of the 
United States and Edward Ernest Prince on the part of the Dominion 
of Canada; and it is appropriate that they should now be transmitted 
by you to the Congress in order that clue legislative action on the 
part of this Government, stipulated for by Article III of the treaty, 
may he taken. 

With the regulations 1 have the honor to transmit a copy of a 
Lett* r from Professor Jordan, stating the action taken by the com- 
mission since the report was signed and making certain suggestions 
in respect to the date of taking effect of the regulations, a federal 
patrol system. Legislation to cover violations of the regulations, with 
a draft of a proposed act showing the provisions which he considers 
essential, and also recommending the redefinition and extension of 
certain boundary and territorial waters embraced in the treaty. 
3p< ctfully submitted. 

P. C. Knox. 



A System of Uniform a.nd Common International Regulations 
fob Tin: Protection \\i> Preservation of the Food Fishes 
in International Boundary Waters of the United States 
\\i» Canada. 

[Prepared by the International I ton pursuant to and under the authority oi the con- 

vention of April 11. 1908, between the United States and Great Britain.) 

The following regulations, prepared by the International Fisheries 

i — ion pursuant to and under the authority of a convention 

concluded by and between the United States of America and His 



PROTECTION AND PRESERVATION OF FOOD FISHES. 3 

Majesty Edward the Seventh, of the United Kingdom of Great 
Britain and Ireland, and of the British Dominions beyond the Seas, 
King, and Emperor of India, dated the 11th day of April, 1908, shall 
constitute a system of uniform and common international regula- 
tions for the protection and preservation of the food fishes in each 
of the waters prescribed in Article IV of said convention, to wit: (1) 
The territorial waters of Passamaquoddy Bay; (2) the St. John and 
St. Croix rivers; (3) Lake Memphremagog; (4) Lake Champlain; (5) 
the St. Lawrence River, where the said river constitutes the interna- 
tional boundary; (6) Lake Ontario; (7) the Niagara River; (8) Lake 
Erie; (9) the waters connecting Lake Erie and Lake Huron, including 
Lake St. Clair; (10) Lake Huron, excluding Georgian Bay, but includ- 
ing North Channel; (11) St. Mary's River and Lake Superior; (12) 
Rainy River and Rainy Lake: (13) Lake of the Woods; (14) the 
Strait of Juan de Fuca, those parts of Washington Sound, the Gulf of 
Georgia, and Puget Sound lying between the parallels of 48° 10' and 
49° 20'; (15) and such other contiguous waters as may be recom- 
mended by the International Fisheries Commission and approved by 
the two Governments. 

Part I.— REGULATIONS. 

1. Application of regulations. 

These regulations are to be applied within and throughout the 
above-named waters, hereinafter called " treaty waters," provided that 
certain regulations aie to be applied only within certain of said 
waters, as hereinafter specifically indicated, and provided also that 
no regulation shall apply to the St. John River unless such river is 
specially mentioned in such regulation. It is understood by the 
International Fisheries Commission that all statutes and laws relat- 
ing to the protection and preservation of the fisheries in the treaty 
waters lawfully passed, or that hereafter may be lawfully passed, in 
the United States or in the Dominion of Canada, shall have full 
validity in so far as the said statutes and laws are not in conflict 
with these regulations, and that these regulations shall not be con- 
strued as permitting fishing at any times or places or by any methods 
or appliances prohibited by such laws. 

2. Definitions. 

In these regulations the following definitions are adopted to apply 
to the words in question, wherever the same shall be used: 

Berried lobster. — A female lobster carrying eggs. 

Black bass. — This term includes both the small-mouthed black bass (Micropterus 
dolomieu), called achigan in Quebec, and the large-mouthed black bass, called Oswego 
bass or green bass ( Micropterus salmoides). 

Brooi: trout. — The American char, also called speckled trout [Salvelinus fontinalis). 

Calico bass. — f'omoxis sparoides. 

< Urapace. — The large or body shell of a lobster, exclusive of the abdomen or so-called 
tail. 

( 'dip. < V pr'ni us carpio. 

Channel catfish. — Ictalurus punctatus. 

Close season. — A period in which fishes may not legally be taken. 

Coarse fish. — Suckers and other fish of little value as food for man. 

Commercial fishing; fishing for commercial purposes. — All fishing carried on not for 
sport, or for personal use, or for propagation, or for scientific purposes. 

Crib. — The pot or most completely inclosed portion of a pound or trap net. 

Eel. — Anguilla rostrata. 



4 PBOTB( CIOS AND PRESERVATION OF FOdD PISHES. 

,,„,, ore of the mesh of a net along the greateBt length to 

which the diagonallj opposite con i rt can be drawn apart. v ,. vin(r whpe i 

/■•,*/. wheel A device tor the capture of salmon by means oi a revolving wneei. 
\, r \ young fish, of the firsl year after hatching. 
net \ net with hoops, made in various forms. 

Gaff \. pointed iron hook at the end of a pole. 

,;,/,',„/. A oet suspended ... the wan,- ... which fishee are caughl by the head 
being thrust through the mesh. 

Grayling. Thymallus rignifer. 

Heart A partlj inclosed portion of a pound net. 

Herring ( 'lupea harengtu. 

Jigger. A recurved hook of netting attached to a pound net. 

Lake catfish. Ictaluruslacustris. 

Lah trout Cristivomer namaycush, called Mackinaw trout., longe, togue, graj 

Leader.— The portion of a rtationarj ne1 extending toward the shore, as a barrier 

° LengfiFoffish. This is measured from the tip of the snout to the tip of the tail. 

Lobster.- Homarus americanus. 

Lobster imp — Lobst.r pot, a device for the capture of lobsters. 

Mashinongl Lucius maskinongy, the black Bpotted pike or muskallunge. 

Minnow. Anv small fish of the family of Cyprinidx. 

Open season -A period in which fishes may legally be taken 

Person— This term as used in these regulations shall include person or persons, 
firm, partnership, or corporation. 

/■„,/„,/ „,7 \ mi attached to slakes or piles, composed of a long leader running 
from the shore, a heart or partly inclosed portion, and a final, more perfectly inclosed 
portion open a. the top, called crib, car, or pot, to which is sometimes added one 
or .in. re inclosures called "spillers." On the Pacific coast a pound net is often called 
Locally a "trap." , . , . . , . .. 

Purse net.— A seine that can be bo operated as to form a purse or bag, closed al the 

Salmon.- This term includes the Atlantic salmon (Salmo salar), the landlocked 
salmon (Salmo sebago), the red salmon, called bluehack or sockeye (Oncorhynchus 
nerka); the chinook salmon, called quinnat, tyee, king salmon, or spring salmon 
(Oncorhynchus tschawytscha); the silver salmon, called coho (Oncorhynchus hisutch); 
the humpback salmon, called pink salmon (Oncorhynchus gorbuscha); and the dog 
salmon, called chum or calico salmon (Oncorhynchus keta). 

Seine. — An encircling fish net which may be drawn to the shore or which may be 
closed about a body of swimming fish. 

Sauger. — Stizostedion canadensi . 

Steelhead or steelhead iron/'. Salmo irideus rivularis. 

Sturgeon— This term include.- Acipenser sturio, the Atlantic sturgeon; Acipenser 
brevinisiniu,. the shori-nosed Bturgeon; Acipenser rubicund us. the sturgeon of the 
Great Lakes; Acipenser transmontanus, the white sturgeon of the Pacific: and Aci- 
penser medirostr is. the green sturgeon of the Pacific. 

Sucker. Catostomus commersoni, Caiostomus catostomus, and other species of the 
family ( 'atostomida . 

Trap n>l . As used in the (in at hake-, a net similar in construction to a pound net, 
but with the terminal chamber or pol closed ai the top and bottom. 

Treaty waters. The waters mentioned in Article tV of the said convention of April 
II. L908. 

\\, ir. A fixed enclosure, usually constructed of stakes with wattled brush between. 

Whitr has*. Roccus chrysops. 

WhUefish. This term includes the Lake Superior or Labrador whitefish (Core- 
gonus clupeiformis) and the Lake Erie whitefish (Coregonus albus). It does not 
include the Menominee whitefish, called round fish or pilot fish (Con gonus quadri- 

lah ml is). 

Villon pike. The yellow pike perch, also called wall-eyed pike, yellow pickerel, 
and dore (Stizostedion vitreum I. 

3. Disposition of prohibited catch. 

In cum- any fish is unintentionally captured contrary to the pro- 
hibitions or restrictions contained in any of the following regula- 
tions, such (isli shall, if possible, be immediately returned alive and 
uninjured to the water. 



PROTECTION AND PRESERVATION OF FOOD FISHES. 5 

4- Dynamite, poisonous substances, etc. 

No person shall place or use quicklime, dynamite, explosive or 
poisonous substances, or electric device in treaty waters for the pur- 
pose of capturing or killing fish. 

5. Pollution of waters. 

No person shall place or pass, or allow to pass, into treaty waters 
any substance offensive to fishes, injurious to fish life, or destructive 
to fish fry or to the food of fishes or of fish fry, unless permitted 
so to do under any law passed by the legislative authority having 
jurisdiction. 

No person shall deposit dead fish, fish offal, or gurry in treaty 
waters, or on ice formed thereon, except in gurry grounds estab- 
lished by the duly constituted authorities. 

6. Capture of fishes for propagation or for scientific purposes. 

Nothing contained in these regulations shall prohibit or interfere 
with the taking of any fishes at any time for propagation or hatchery 
purposes, and obtaining at any time or by any method specimens of 
fishes for scientific purposes under authority granted for Canadian 
treaty waters by the duly constituted authorities in Canada and for 
United States treaty waters by the duly constituted authorities in 
the United States. 

7 . Minnow seines and landing nets. 

Nothing contained in these regulations shall prohibit the use of 
small seines of fine mesh, not more than 50 feet in length, for the cap- 
ture of minnows as bait in waters other than spawning grounds of 
black bass, or prohibit the use of small landing nets for the purpose 
of securing fishes taken on the hook. 

8. Close season for black bass. 

From March 15 to June 15 in each year, both days inclusive, no 
black bass shall be fished for, killed, or captured in treaty waters, 
unless it is otherwise provided by these regulations or by a law 
passed by the legislative authority having jurisdiction. 

9. Protection of spawning grounds of black bass. 

No nets of any kind shall be used on spawning grounds of black 
bass in treaty waters. 

10. Nets under the ice prohibited. 

No net shall be drawn, set, placed, or maintained under the ice in 
treaty waters. 

11. Commercial fishing for certain game fishes prohibited. 

No black bass, brook trout, landlocked salmon, or maskinonge 
shall be fished for, killed, or captured for commercial purposes in 
treatv waters. 



8 PROTECTION AND PRESERVATION OF FOOD PISHES. 

I .'. Captun ofimmatun salmon 'prohibited. 

No salmon or steelhead of leas than three pounds in weight shall 
be fished for, killed, or captured in treaty waters. 

/.;. Sah, ma weirs, etc., abovi tidal limits prohibited. 

No salmon and no steelhead shall be fished for, killed, or cap- 
tured DV means of a net of any sort, any weir or any fish wheel, 
above tidal Limits in any river in treaty waters. 

I/,, chi.-i season for sturgeon. 

During the term of four years next following the date of the pro- 
mulgation of these regulations oo sturgeon shall be fished for, killed, 
<>r captured in t reaty waters. 

15. Captun of 'fish for fertilizer or oil prohibited. 

Fishes useful for human food shall not he fished for, killed, or cap- 
tured in treat \ v. aters for use in the manufacture of fertilizer, or of oil 
other than oil for food or medicinal purposes. 

16. Naked hooks ami spears prohibited. 

Xo spear, grappling hook, or naked hook, and no artificial bait 

with more than three hooks, or more than one burr of three hooks 
attached t hereto, shall he used for t he capture of fish in treaty waters. 
'I his regulation 'shall not prohibit the use of a gaff in hook-and-line 
fishing. 

I? . Torching prohibited. 

No torch, flambeau, or other artificial lighl shall be used as a lure 
for fish in treaty w aters. 

TERRITORIAL WAIF. lis OF PASSAMAQUODDY BAY. 

The following regulations Ms to 25, inclusive) shall apply to the 
territorial waters of Passamaquoddy Bay: 

is. Protection oj spawning grounds. 

From -Inly Hi to October 15, in each year, both days inclusive, no 
herring shall he fished for, killed, or captured on any of the recognized 
spawning grounds for herring, and no weir, net. or 'other fishing appa- 
ratus or gear for catching herring shall he used or operated on said 
spawning grounds. 

19. Wi irs a ml seines. 

No weir or fixed apparatus for the capture of fish shall be placed 
at a distance of less than 1,(100 feet along the shore from any other 
weir or fixed apparat us. 

Xo net shall he placed, set . or operated within 500 feet of the 
mouth of any weir, without the consent of the weir owner. 

Wherever in these treaty waters the use of seines is or may be 
permitted b\ law. no seine shall be drawn to the shore, but all fish 
taken in such nets shall be hailed or dipped from the water. 



PROTECTION AND PRESERVATION OF FOOD FISHES. 7 

20. Close season for salmon. 

From August 15 in each year to March 1 next succeeding, both 
days inclusive, no salmon shall be fished for, killed, or captured in 
these treaty waters. 

21. Purst nets prohibited. 

No purse net shall be used in these treaty waters. 

22. Legal size for lobsters. 

No lobster of which the carapace is less than 4f inches in length 
shall be fished for, killed, or captured in these treaty waters. 

23. Berried lobsters. 

No berried lobster shall be fished for, killed, or captured in these 
treaty waters. 

J4- Lobster traps. 

No lobster trap or other apparatus for the capture of lobsters shall 
be placed in these treaty waters within 300 feet of the mouth of any 
weir or stationary salmon net, or in water of a less depth than 2 
fathoms at low tide. 

25. Close season for lobsters. 

From May 6 to December 6 in each year, both days inclusive, no 
lobster shall be fished for, killed, or captured in these treaty waters. 

ST. CROIX RIVER. 

The following regulations (26 to 28, inclusive) shall apply to St. 
Croix River: 

26. Nets in St. Croix River. 

In the tidal waters of the St. Croix River no weir or fixed apparatus 
for the catching of fish shall be placed at a distance of less than 1,000 
feet along the shore from any other weir or fixed apparatus. 

No seine or other net shall be placed or set within 500 feet of the 
mouth of any weir, without the consent of the weir owner. 

Wherever in these treaty waters the use of seines is or may be per- 
mitted by law, no seine shall be drawn to the shore, but all fish taken 
in such seine shall be bailed or dipped from the water. 

27. Close season for salmon. 

From August 15 in each year to February 1 next succeeding, 
both days inclusive, no salmon shall be fished for, killed, or cap- 
tured in these treaty waters above tidal limits. 

28. Wee khj close season for salmon. 

From April 1 to July 15 in each year, both days inclusive, there 
shall be a weekly close season of forty-eight hours from 6 o'clock 



8 PBOTECTIOM \NI» PBESEBVATION of FOOD FISHES. 

on each Saturday i ning to 6 o'clock od the following Monday 

morning, during which no salmon shall be fished for, killed, or 
captured in the tidal waters of the St. Croix River. 

During this weekly close Beason all weirs or other fixed apparatus 
used for the capture of salmon shall be so raised, closed, or adapted 
as to admit of the free passage of fish through or by or oul of such 

weirs or <>t her fixed apparat us. 

LAKE MEMPHBEMAGOG. 

The following regulations (29 to 30, inclusive) shall apply to the 

waters of Lake Memphreinagog: 

29. Nt t fisTi i mi profi ibited. 
No net shall be used for the capture of fish in these treaty waters 

30. close season for black bass. 

From November 1 in each year to June 15 next succeeding, both 
days inclusive, no black bass shall be fished for. killed, or captured 
in these treaty water-. 

LAKE CHAMPLAIN. 

The following regulations (31 to 33, inclusive) shall apply to the 
waters of Lake Champlain: 

31 . ( Jose season for black bass. 

From November 1 in each year to June 15 next succeeding, both 
days inclusive, no black bass shall be fished for, killed, or captured 
in these treaty waters. 

32. Net fishing in Lakt Champlain. 

No net shall be used for the capture of fish in Lake Champlain, 
within a radius of 1 mile of the mouth of any river flowing into the 
lake. 

33. Close season for yellow pike. 

From April 1 ;3 to May 1 5 in each year, both days inclusive, no yellow 
pike or dore shall be fished for, killed, or captured in these treaty 
waters. 

THE 6EEAT LAKES SYSTEM. 

The following regulations (34 to 52, inclusive) shall apply to the 
following waters, to wit: St. Lawrence River, where the said river 
(•Mil-, it ute- the international boundary; Lake Ontario; the Niagara 
River; Lake Erie; the water- connecting Lake Erie and Lake Huron, 
including Lake St. ('lair: Lake Huron, excluding Georgian Bay, but 
including North Channel: St. Marys River and Lake Superior. 

34. Weight limit for whitefish. 

No whitefish of less than 2 pound- weigh! shall be fished for, killed 
or captured in these treaty waters. 



PROTECTION AND PRESERVATION OF FOOD FISHES. 9 

35. Weight limit for lake trout. 

No lake trout of less than 2 pounds weight shall be fished for, killed, 
or captured in these treaty waters. 

36. Size limit for yellow pike. 

No yellow pike or dore of less than 13 inches in length shall be 
fished for, killed, or captured in these treaty waters. 

37. Size limit for sauger, calico bass, and white bass. 

No sauger, calico bass, or white bass of less than 10 inches in 
length shall be fished for, killed, or captured in these treaty waters. 

38. Size limit for catfish. 

No lake catfish or channel catfish of less than 16 inches in length 
shall be fished for, killed, or captured in these treaty waters. 

39. Game fish. 

No black bass, brook trout, or maskinonge shall be taken in these 
treaty waters, by any means whatsoever, except a rod and line or 
hand line, or a trolling line with spoon hook attached; and in no case 
shall the line so used bear more than three hooks. 

The fishing for, killing, or capturing of any species of trout, sal- 
mon, or grayling introduced or which may hereafter be introduced 
into these treaty waters shall be subject to the same regulations as 
apply to the fishing for, killing, or capturing of brook trout. 

No fish of the species mentioned in this regulation shall be fished 
for, killed, or captured through or beneath the ice in these treaty 
waters. 

40. Size limit for brook trout. 

No brook trout of less than 7 inches in length shall be fished for, 
killed, or captured in these treaty waters. 

41. Size limit for black bass. 

No black bass of less than 10 inches in length shall be fished for, 
killed, or captured in these treaty waters. 

42. Size limit for maskinonge. 

No maskinonge of less than 24 inches in length shall be fished for, 
killed, or captured in these treaty waters. 

43. Limit to daily catch of black bass. 

Not more than 10 black bass shall be captured in one day by any 
one person, nor more than 20 by the occupants of a single boat, in 
these treaty waters. 



1(1 PBOTEOTIOH \M' PRESERVATION OF FOOD WISHES. 

',',. Stts 'hi r'irirs prohibited. 

So neta of an^ soii shall be used for commercial fishing in St. 
Marys River, in St. Clair River, in Detroil River, in Niagara River, 
or iii St. Lawrence River, where said river constitutes tne mterna- 
t ional boundary. 

;."». Net fishing along tin boundary Urn in Lakt l'.n< prohibited. 

No fishing with aets shall be permitted in Lake Erie within one- 
half mile of the international boundary. 

jyS, Construction of pound nets. 

No pound net shall be set within these treaty waters unless so con- 
structed as to have iii the middle of the hack of the crib, reaching 
from the top to the bottom thereof, a vertical strip of netting, which 
shall hang squarely, the width of which strip shall not be less than 
one-hall' the width of the back of the crib, and the tnesh of which 
shall not be less than 2| inches, extension measure, as actually used 
in ashing. 

In those waters lying to the northward of a line drawn from Cape 
Hurd, in the Province of Ontario, to Thunder Bay Light, in the 
State of Michigan, such vertical strip shall have a mesh of not less 
than 3J inches, extension measure, as actually used in fishing. 

The above restrictions shall take effect January 1, 1911. 

No web of fine mesh (locally called an apron), or any other device 
which may reduce the means of escape 01 small fishes through the 
meshes, shall be used in the crib of a pound net in these treaty waters. 

47. Locution of pound nets. 

The leader of a pound net shall be made visible; there shall be 
a gap of at least 50 feet open and clear to the bottom between one 
pound net and the next ot the series when set in linear order, and 
there shall he a lateral passageway or distance of not less than 1,000 
feet between one series of pound nets and the next on either side. 

Not more than seven pound nets belonging to one person shall be 
Bel in a Linear scries. 

No pari of this regulation shall he so construed as to interfere with 
recognized proprietary rights. 

48. Trap nets prohibited. 

\'o concealed movable trap net shall be used in these treaty 
waters. 

On and after January l, L912, no trap net of any kind shall be 
used for the capture of fish in these treaty waters. 

49. Mesh of >nt.\. 

No gill net or other movable net of less than 4f inches mesh ex- 
tension measure, as actually used in fishing, shall be drawn, set placed 

or maintained for whitelish or lake trout in these treaty waters 

No gill net or other movable net of less than 3£ inches mesh ex- 
tension measure, as actually used in fishing, shall he drawn ' set 



PROTECTION AND PRESERVATION OF FOOD FISHES. 11 

placed, or maintained in Lake Erie, or of less than 2\ inches mesh in 
Lake Huron, Lake Superior, and Lake Ontario, for fish other than 
whitefish or lake trout. 

The above restrictions shall take effect on and after January 1, 
1911. 

No gill net shall be drawn, set, placed, or maintained within one- 
half mile of any pound net in these treaty waters. 

50 . Amount of nett i ng . 

Not more than 30,000 yards of netting, linear measure, shall be 
set in these treaty waters at one time by one tug, and not more than 
8,000 yards by one sailboat, except in the waters of Lake Huron and 
Lake Superior, where not more than 60,000 yards shall be set by one 
tug, and not more than 18,000 yards shall be set by one sailboat. 

51. Nets for coarse fish. 

Nothing contained in these regulations shall prohibit the use of 
seines, fyke nets, or other nets, exclusively for the capture of carp, 
eels, and coarse fish. When fyke nets are used for such purpose 
the wings and leaders shall not extend more than 10 feet from the en- 
trance. 

52. Nets in Lake St. Clair. 

No gill net shall be used in Lake St. Clair, and no pound net shall 
be set, placed, or maintained to the northeastward of a line con- 
necting the south side of the mouth of the Thames River in Ontario 
with the south side of the mouth of the Clinton River in Michigan. 

LAKE OF THE WOODS, RAINY LAKE, AND RAINY RIVER. 

The following regulations (53 to 61, inclusive) shall apply to the 
Lake of the Woods, Rainy Lake, and Rainy River: 

53. Weight limit for whitefish. 

No whitefish of less than 2 pounds weight shall be fished for, 
killed, or captured in these treaty waters. 

54- Weight limit for lake trout. 

No lake trout of less than 2 pounds weight shall be fished for, 
killed, or captured in these treaty waters. 

55. Size limit for yellow pike. 

No yellow pike of less than 13 inches in length shall be fished 
for, killed, or captured in these treaty waters. 

56. Nets in Rainy River prohibited. 
No nets shall be used for commercial fishing in Rainy River. 






12 PROTECTION AND PBESBEVATION OF FOOD FISHES. 

Restriction of nets in Lah of th Woods and Rainy Lake. 

No ae1 shall be drawn, set, placed, or maintained in these treaty 
waters within a radius of one-half mile from the mouth of any river 
Bowing into Rainy Lake or Lake of the Woods, and no net shall 
extend more than' one-third the distance across any bay or channel 
constituting a part of such waters. 

■~>s. Pound ads. 

On and after January 1 . 1911, all pound nets shall he so constructed 
as to have in the middle of the back of the crib, reaching from the 
top t.» the bottom thereof, a vertical strip of netting which strip 
shall hang squarely, the width of which strip shall not be less than 
one-half the width of the back of the crib and the mesh of which 
shall not be less than '.\\ inches, extension measure, as actually used 
in fishing. 

The leader of a pound net shall be made visible, and there shall 
be a gap of at least 50 feet open and clear to the bottom between 
one pound net and the next of the series when set in linear order. 
There shall be a lateral distance or passageway of not less than 
1,000 feet between one series of pound nets and the next on either 
side. 

59. Trap nets prohibited. 

No trap nets shall be used for the capture of fish in these treaty 
waters. 

60. Mesh or gill nets. 

On and after .January 1, 1911, no gill net of less than 5 inches 
mesh, extension measure, as actually used in fishing;, shall be set 
for whitefish or lake trout in these treaty waters. 

On and after January 1, 1911, no gill net of less than 4 inches 
mesh, extension measure, as actually used in fishing, shall be set 
for fish of species other than whitefish and lake trout in these treaty 
waters. 

No gill net shall be set within one-fourth of a mile of any pound net. 

61. Close season in Lake of the Woods and Rainy Lake. 

From October 16 to November 30 in each year, both days inclu- 
sive, no net shall be drawn, set. placed, or maintained for commer- 
cial fishing in Lake of the Woods or in Rainy Lake. 

STRAIT OF .11 AX I)i; PUCA AND ADJACENT WATERS. 

The following regulations (62 to 66, inclusive) shall apply to the 
Strait ol Juan de Fuca, those parts of Washington Sound, the Gulf 
of Georgia, and Puget Sound lying between the parallels of 48° 10' 
and 49° 20' north latitude: 

62. Close season lor salmon. 

From August 25 to September 15 in each year, both days inclusive 
no salmon or steelhead shall be fished for, killed, or captured for 
commercial purposes in these treaty waters; provided, however that 



PROTECTION AND PRESERVATION OF EOOD FISHES. 13 

in the waters to the westward of a line drawn southward from Gon- 
zales Point to the shore of the State of Washington silver salmon, 
or coho salmon, may be fished for, killed, or captured from September 
1 to September 15 in each year, both days inclusive. 

63. Weekly close season for salmon and steelhead. 

From 6 o'clock Saturday morning to 6 o'clock on the Monday 
morning next succeeding, no salmon or steelhead shall be fished for, 
killed, or captured in these treaty waters. 

It is, however, provided that in the waters to the westward of a 
line drawn southward from Gonzales Point to the shore of the State 
of Washington the weekly close season shall begin twelve hours 
earlier, and shall end twelve hours earlier. 

64- Construction of pound nets. 

All pound nets or other stationary appliances for the capture of 
salmon or steelhead shall be so constructed that no fish whatever 
shall be taken during the weekly close season. The erection or 
addition to the pound net of a jigger is prohibited. 

65. Location of pound nets. 

All pound nets shall be limited to a length of 2,500 feet, with an 
end passageway of at least 600 feet between one pound net and the 
next in a linear series, such distance being measured in continuation 
of the line of direction of the leader of such net, and a lateral passage- 
way of at least 2,400 feet between one pound net and the next. 

On and after January 1, 1911, the mesh in pound nets shall be 4 
inches in extension in the leader and not less than 3 inches in other 
parts of the net. 

66. Nets other than pound nets. 

No purse net shall be used within 3 miles of the mouth of any river 
and no seine within 1 mile of the mouth of any river in these treaty 
waters. 

No gill net of more than 900 feet in length or of a greater depth 
than 60 meshes shall be used in these treaty waters. 

Part II— RECOMMENDATIONS. 

1. Investigation of food fishes. 

It is recommended that the natural history and habits of each of 
the leading species of food fishes in the treaty waters be made the 
subject of careful and continuous study, with a view to increasing 
the fishery products to the highest possible degree and of obtaining 
more satisfactory evidence upon points now under discussion, _ espe- 
cially those relating to close and open seasons. The commissioners 
have in some cases found much divergence of opinion among those 
engaged in the fisheries. For this reason they have thought it better 
to refrain from making certain proposed fishery regulations rather 
than to risk improperly or unnecessarily restricting the fishing in- 
dustries. 



14 PBOTECTIOM \M> PBESEBVATIOH OF FOOD PISHES. 

2. Food fishes suitabh for artificial propagation in treaty miters. 

It is recommended thai the artificial propagation of the various 
species of food fishes in the treatv waters be continued by both 
countries, and developed to the fullesl possible extent and with the 
highest possible degree of efficiency, this work being regarded as of 

vital moment to the preservation and maintenance of the most valu- 
able species of fishes. The following species have high importance 
in this regard, so Far as treaty waters are concerned: 

Lake Superior whitefish (( 'on (/onus clupeiformis) . 

Lake Erie whitefish (Coregonus alhus) . 

Sockeye, blueback, or red salmon (Oncorhynchus nerJca) . 

Chinook, spring salmon, king, or quinnat salmon (Oncorhynclms 
Uchawytei ha). 

Coho or silver salmon (Oncorhynchus Icisutch). 

Humpback salmon (Oncorhynchus gorbuscha). 

Atlantic salmon (Salmo salar) . 

Landlocked salmon {Salmo sebago) . 

Lake Erie Cisco, called jumbo herring (Argyrosomus eriensis). 

Lake trout, called Mackinaw trout, longe, togue, or gray trout 
I ( ristivomer namaycush) . 

Yellow pike, wall-eye, or dore" ( Stizostedion vitreum) . 

Brook trout, or s] eckled trout or char (SalvelinusfonHnalis). 

Brown trout, or river trout of Europe (Salmo fario) . 

Steelhead trout (Salmo irideus rivutaris). 

Rainbow trout (Salmo irideus shasta). 

Cisco, called hike herring (Argyrosomus artedi) . 

Lobster (Homarus amencanus). 

It is further urged that the hatching and propagation of food fishes 
is an art based on scientific knowledge. It is therefore essential to 
make the position of the officer in charge of a hatchery, through ade- 
quate salary and other means, attractive to men who have been prop- 
erly trained in the work, and who have the scientific acquirements 
necessary for success. 

3. Violation of international regulations. 

It is recommended that any violation of the fishery regulations 
governing the fishing in treaty waters on the part of a Canadian sub- 
ject or a person resident in Canada, or under the jurisdiction of its 
courts, shall constitute an offense, punishable by line or imprison- 
ment, or both, as provided by tiie fisheries act, chapter 45, Revised 
Statutes of Canada, 1906, and of the regulations under the said act. 

It is recommended that any violation of the fishery regulations 
go\ erning fishing in treaty \\ aters on the part of a citizen of the United 
States, or person resident in the United States, or under the juris- 
diction of its courts, shall constitute an offense punishable by fine or 
imprisonment, or both, no fine imposed for such violation to exceed 
SI, ()()(), and no imprisonment for a period greater than one vcar. 

./. Enforcement of regulations. 

It is recommended that the enforcement of all laws and regula- 
tions governing fishing in treaty waters be intrusted to the inspectors 
and other officers in the Dominion of Camilla under the department 



PROTECTION AND PRESERVATION OF FOOD FISHES. 15 

of marine and fisheries, and in the United States to a staff of in- 
spectors and other officers to be organized under the Bureau of 
Fisheries of the Department of Commerce and Labor of the United 
States. 

J. International license system. 

It is recommended that in the earl}* future the Dominion of 
Canada and the United States shall adopt a concurrent and uniform 
system of licenses for fishing in treaty waters. 

6. Extension oj area to he covered by international regulations. 

It is recommended that the regulations applying to the territorial 
waters of Passamaquoddy Bay be extended to include the tidal 
waters of Charlotte County, New Brunswick, and of Washington 
County, Me., together with the waters adjacent to the islands of 
Charlotte County, New Brunswick, and the waters adjacent to the 
islands of Washington County, Me. 

It is further recommended that the regulations applying to the 
Lake of the Woods, Rainy River, and Rainy Lake be extended to 
the other lakes and rivers traversed by the boundary line between 
the Province of Ontario and the State of Minnesota. 

7. Disposal of fish taken in contravention of the regulations. 

It is recommended that fishermen who may unintentionally cap- 
ture fish of species which can not be returned alive and uninjured to 
the water, in contravention of any of the foregoing regulations, shall, 
wherever possible, send such fish to the nearest inspector or other 
fishery official, to be forwarded to some hospital or charitable insti- 
tution. 

Dated at the city of Washington this 29th day of May in the year of 
our Lord 1909. 

David Starr Jordan, 
International Fisheries Commissioner. 
Edward Ernest Prince, 
International Fishery Commissioner. 



Indianapolis, Ind., November 26, 1909. 

Sir : Permit me to make the following brief report of the actions 
of the International Fisheries Commission since May 31, 1909, at 
which date the commission placed in the hands of the Secretary of 
State its proposed fishery regulations, 66 in number, in pursuance of 
the treaty under which the commission was appointed. These bear 
the caption "A system of uniform and common international regu- 
lations for the protection and preservation of the food fishes in 
international boundary waters of the United States and Canada; 
prepared by the International Fisheries Commission, pursuant to 
and under the authority of the convention of April 11, 1908, between 
the United States and Great Britain." 

Since signing this report the two commissioners have again visited, 
together or separately, nearly every fishing port along the boundary 



16 PROTECTION AND PRESERVATION OF FOOD FISHES. 

from Toronto to Vancouver Island, and a representative of the com- 
mission, Dr. B. W. Evermann, of the United States Bureau of Fish- 
eries, has visited those of Maine and New Brunswick. 

A formal meeting; of the commission was held November 18 and 
19, 1900, in New York. At this meeting were also present Mr. 
Chandler P. Anderson, of the Department of State; Mr. Francis H. 
Gisborne, attorney of the council of Canada; and Doctor Evermann. 

It was agreed that no amendments shall be proposed at the present 
time and that the system of regulations as presented on May 31, 
1909, shall be allowed to take their course. 

As to these regulations, I ask you to pardon me certain suggestions 
which lie outside of my official authority, but which may be of pos- 
sible service to yourself. 

DATE OF TAKING EFFECT. 

In my judgment the regulations should take effect on January 1 , 
1911. The fishermen should have a season in which to use up the 
twine they now have. The change should not take place in the 
midst of the fishing season. There is practically no fishing in bound- 
ary waters in December, January, and February. 

FEDERAL PATROL SYSTEM. 

In Article III of the treaty of April 11, 1908, "the two governments 
engage to put into operation and to enforce by legislation" these 
fishery regulations. 

I do not see how this can be done without a national system of 
patrol along the boundary waters in addition to that maintained by 
the several States for the enforcement of their own statutes. Such a 
national system is now in operation in Canada. Besides a complete 
staff of "guardians" and "overseers," Canada has a patrol steamer in 
Passamaquoddy Bay, one in Lake Ontario, one in Lake Erie, and 
three in Puget Sound. On the United States side, Pennsylvania and 
Ohio have each a patrol steamer in Lake Erie much smaller than the 
Canadian vessel. The other States, so far as known to me, have 
only an occasional gasoline launch. With upward of 2,500 square 
miles of fishing territory, the State of Washington has no patrol 
vessels, and so far as I know but a single gasoline launch. The 
present statutes are fairly well enforced in most of the eastern bound- 
ary States, notably so in Ohio and Pennsylvania. In Washington 
they are not adequately enforced. It is claimed that in the current 
season the fishermen of Washington caught by encroachment on the 
close season salmon to the value of upward of $600,000, to which 
they were not entitled. Part of these should have been taken in 
British Columbia waters. The others should have escaped up 
Fraser River to the spawning grounds. In Canada, throughout the 
boundary waters, the statutes now in effect are rigidly enforced. It 
does not even occur to any one to violate them. The real need of the 
boundary situation is less that of stringent legislation than of equal 
enforcement of law on either side. I see no way to accomplish this 
except by a federal patrol, corresponding to the dominion patrol of 
Canada. 



PROTECTION AND PRESERVATION OF FOOD FISHES. 17 

As to the details of such a patrol, Doctor Evermaim of the Bureau 
of Fisheries has made a special study of the matter and the Bureau 
of Fisheries is prepared, if desired, to furnish the text of a bill making 
appropriation for such purpose. I may further add that Doctor 
Evermann is fully cognizant of all the details in these regulations and 
is prepared to answer any questions which may be asked by Congress 
or by the Department of State. 

Meanwhile I append (Appendix A) a rough draft of what I conceive 
should be provided. 

PENALTY CLAUSE. 

A penalty clause must be added to the regulations. This may be 
drawn broadly, leaving much to the discretion of the court. The 
following has been suggested by the International Fisheries Commis- 
sion (recommendation 3, p. 13) : 

It is recommended that any violation of the fishery regulations governing fishing 
in treaty waters on the part of a citizen of the United States, or person resident in 
the United States or under the jurisdiction of its courts, shall constitute an offense 
punishable by fine or imprisonment or both, no fine imposed for such violation to 
exceed $1,000 and no imprisonment for a period greater than one year. 

FISHES ILLEGALLY TAKEN. 

It is the experience of Canada as well as in our States generally that 
it is necessary to have a statute creating a misdemeanor in case one 
shall buy, sell, offer for sale, hold in possession for purposes of sale 
or for preservation as food, any fish illegally taken or below the legal 
size. The International Fisheries Commission thought that such a 
clause should have formed one of their regulations, but it was with- 
drawn as probably not within their authority. 

PASSAMAQUODDY BAY. 

I would also call especial attention to recommendation 6, "Passa- 
maquoddy Bay," for example does not, as indicated on the maps, 
include all the boundary waters between Maine and New Brunswick. 
I am, very respectfully, yours, 

David Starr Jordan, 
International Fisheries Commission, 

Stanford University, California. 
Hon. Philander C. Knox, 

Secretary of State, Washington, D, C. 



Appendix A. 

SUGGESTED FORM OF AN ACT. 

AN ACT To give effect to the provisions of a treaty between the United Stales and Great Britain con- 
cerning the fisheries in waters contiguous to the United States and the Dominion of Canada , signed 
at Washington on April 1, 1908, and ratified by the United States Senate April 13, 1908. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That from and after the passage of this act the regulation and 
control of the fisheries on the United States side of the waters contiguous to the United 
States and the Dominion of Canada shall be exercised by the United States Govern- 
ment. 

H. Doc. 638. 61-2 2 



18 PBQTECTIOS AND PRESERVATION OF FOOD FISHES. 

Thai the system of uniform and common international regulations for the protection 
and preservation of the food fishes in each of 1 lie waters prescribed in article four of said 
convention, as prepared l>y the International Fisheries Commission appointed under 
the terms of said convention, and as signed on .May twenty-ninth, nineteen hundred 
and nine, is hereby received and approved. 

That the administration of these international regulations is hereby placed with 
the United States Bureau of Fisheries of the Department of Commerce and Labor. 

That there shall be established in the Bureau of Fisheries a system of inspectors, 
wardens, deputy wardens, and assistants adequate for the proper enforcement of the 
laws and regulations governing the fisheries and fishing in international waters, each 
and any of whom shall have power to seize without warrant fishing gear, boats, or 
other apparatus which is being illegally used, and to make arrests without warrant; and 
the amount necessary lor the enforcement of the said laws and regulations shall be 
estimated for annually by the Secretary of Commerce and Labor and appropriated 
for, including salaries and expenses of the inspectors, wardens, deputy wardens, and 
assistants herein authorized, all of whom shall be appointed by the Secretary of Com- 
merce and Labor in accordance with civil-service regulations as follows: • 

One deputy international fisheries commissioner who shall have general charge, 
under the Commissioner of Fisheries, of the enforcement of the international fisheries 
laws and regulations, represent the United States in any suit concerning any supposed 
violation of such laws and regulations, conduct investigations of the natural history 
and habits of the various species of fishes with reference to their more adequate pro- 
tection and propagation, and in general act as the duly authorized representative and 
deputy of the International Fisheries Commission. 

One secretary to the deputy international fisheries commissioner. 

Three inspectors, one of whom shall have charge of the fisheries of Lake Ontario and 
of the international boundary waters lying between or on the boundary of the States 
known as New England and the provinces of Nova Scotia, New Brunswick, and 
Quebec ; this to be known as the eastern division of the treaty; one for the Great Lakes, 
exclusive of Lake Ontario and with the Lake of the Woods and its tributary waters; 
this to be known as the central division of the treaty waters; and one for the interna- 
tional boundary waters about Puget Sound as defined in the treaty; this to be known 
as the western division of the treaty waters. 

There shall be not fewer than seven wardens under the inspector for the eastern 
division, twenty-one wardens under the inspector for the central division, and five 
wardens under the inspector for the western division, all of whom shall devote their 
entire time to the service. 

Upon the recommendation of the inspector in charge and the international fisheries 
commissioner the Commissioner of Fish and Fisheries is authorized to appoint deputy 
wardens, not exceeding forty in all, who will devote only such portion of their time to 
the service as may be required. 



Appendix B. 

Memorandum of estimate of expenses. 

For the construction or purchase of 7 steam vessels, at $6,000 $42, 000. 00 

For 16 gasoline launches, at $250 4, 000. 00 

Total 46, 000. 00 

SALARIES PER YEAR. 

1 deputy international fisheries commissioner $5, 000. 00 

1 secretary to the deputy international fisheries commissioner 2, 000. 00 

1 clerk. . .' " 1, 000. 00 

1 clerk 1)00. 00 

3 inspectors, at $3,000 9, 000. 00 

■2 wardens, at s | ,8QQ 3, 600. 00 

4 wardens, at si .50!) 6, 000. 00 

18 wardens, at $1,200 21, 600. 00 

5 wardens, at $1 ,000 5, 000. 00 

For depul y warden 6, 000. 00 

For travel and other expenses 15,000. 00 

75. 100. 00 



PROTECTION AND PRESERVATION OF FOOD FISHES. 19 

MAINTENANCE OF VESSELS. 

7 captains, al $ 1 ,200 $8, 400. 00 

7 engineers, at $1,080 7, 560. 00 

7 mates, at $720 5, 040. 00 

7 deck hands, at $480 3. 360. 00 

7 cooks, at $720 5, 040. 00 

Subsistence for above 7, 500. 00 

16 coxswains for 16 launches, at $300 4, 800. 00 

Subsistence 1, 600. 00 



38, 920. 00 

SUMMARY OF INITIAL EXPENSES. 

For patrol vessels $46, 000. 00 

For salaries (with travel expenses) 75, 100. 00 

Maintenance of vessels 38, 920. 00 



160, 020. 00 

Cost of coal and other fuel not estimated. 

The vessels and launches would be assigned as follows: One vessel and one launch 
on Passamaquoddy Bay, St. Croix River, and St. Johns River; one vessel and two 
launches on Lake Ontario and the St. Lawrence River; one vessel and four launches 
on Lake Erie; one vessel and two launches on Lake St. Clair and Lake Huron; one 
vessel and two launches on Lake Superior; two vessels and two launches on Puget 
Sound; one launch on Lake Memphremagog; one launch on Lake of the Woods; one 
launch on Lake Champlain. 

The inspectors, wardens, etc., might be located as follows: Deputy international 
fisheries commissioner, Washington; secretary to the deputy international fisheries 
commissioner, Washington; inspector for the eastern division, Eastport, Me.; inspector 
for central division, Detroit, Mich.; inspector for the western division, Bellingham, 
Wash.; one warden at Eastport, Me.; one warden on Lake Memphremagog; one war- 
den on Lake Champlain; one warden on St. Lawrence River; three wardens on 
Lake Ontario and lower Niagara River; seven wardens on Lake Erie and upper 
Niagara River; four wardens on Lakes Huron and St. Clair; four wardens on Lake 
Superior; one warden on Rainy Lake and Rainy River; one warden on Lake of the 
Woods; five wardens on Puget Sound. The two wardens at $1,800 would be stationed 
one on Lake Erie the other on Pusiet Sound. 



o 



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